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HomeMy WebLinkAbout1214_FRYE_MARY_128_490-501_02-08-1978_03-16-1978/;;711 &3 -e-7!-c:?l$ LAST WILL AND TESTAMENT OF MARY U.FRYE And now March 16,1978,it being ad- judged that said will has been proved,it'is hereby admitted to pro- bate and ordered to be recorded ffildLettersTestamentaryareissuedto Joseph U.Frye and Faye M.Frye in said testament named who was duly quali:Eied. Harvey Stuart,Register Eugene R.Speer,Esq, HOUSTON,COOPER,SPEER &GERMAN OLIVER BUILDING PITTSBURGH,PA..15222 ~l.B.Vol.128 P,4GES SL90-SOl' ,.t 3 ~7Y-;2 73 . .r ,I ~t·. .)~r l .):1'1 ·Il·'~!'t'.p tr;:r1l tl1t\111 r it r11 !~\1r It t .Xl t Ut ~.~~y.y..:f.;r;:y.fi!..":.~;. ....~. .....__..w _lale ..I()r..C.~.t".;;;.Q.l.J.'I'QXfnsh.iJ;l ",Wnshingtoll COlll\t)', rcnl\syh~1I1ia d('ceaseu,am]Ojrunlilf l'llrru ['rllllllllrlllurll. In~C1S;TEH'S OFFICE,I C:C'• \\'ASNINGTON COU~TY,r.j':>.. Before the Hegister of Wills of \V ushington County,person:lll y nppcare(l y..9..§~.12.b.JJ..E.tY..e.-.a.o.d.-.f.ay..e...M."EJ::¥,g _.._w wh0 bei ng duly sworn says that....._..~~E.t.~.:!.::-y~.._..__..~____.___..._late resident of ~~~2:~.~~i.J2_..._...._._._,Washington County,Pennsylvania,a citizen of....J.T.tited States ._died testate aL.--lWw..~?-g.J..~.,._r._~lll.g..lli.l1 __..._.__.__..on the_..Bt.h....day OL_..Eli>~l,la~¥__.....A.D.19....1S . aL_~....;L7.o'c1ock...,g......m.)age........7.'O..._....leaving an estnte of the estimated value of $...__~n..~.~?2':'.r.:.......__. personality,and $~::~1!.?~.~_~____realty,said real estate being located !n £f?:~.Eg.1l.'!'.9.:I{n~l?.._•.•.. ~~~.~~.?!.?..~..~.~~~1_~!.~:.::.:.~)~~~~.~~::._.._____._._..__.._._.._____-------__---_..__.__._.__._---.-.---_.__--_. -_•••_"...._0__-..__.'-_.'._--------_..._._-_._-------••_•••__......__.......•••••_••__._.._ --_._..._-_..__..._-_.._.._--------_. The decedent's leg-a:t:re£:md,dievisres :Ere :as follows: lNlA'MlE I RELATlO:,\SHlP I RESIDENC~: ,. ~Joseph U.Frye Faye M.Frye I Daughter ~.D.tt2,Monongahela.Pa.J5063 063 , Anna i'1arie Frye Dauqht-pr IRTJ.#?..,hQl",p",1 0:;, ." - . - - -- Testator has Elg.!_n1arried and .D.9____chilcIren have been born since the execution of the will olTered for probate. Petitioner prays thnt the paper writing filed herewith dated Ji!QY.e.ml::H;~.r.•.21.,_.J...9fl.6._____".__." may be ndmitted to probate -as the hst "'ill and Testament of said decedent,and to grant Letters Tr-stamen- tnry tl\ereon to _..~.~.:.:.?~!:!.::.:.X.~~.~~..!..~J..::.~:E::y..~_.._:__-._. '-<!f , , ,•• whose postofTice address is...~.:....~.:....~..~.~....~9.~:?~9.~~::~a!Pennsylvania,15063 .•0'0 _••••,.n •••"n "••··~_••••• I c1Sworntoflndsuoscribcclbeforemethis.L . .,."" ...':. .'"J ..I 'C0l\1M()NWJi:,\L'I'11 OF PEt;iNSYLVANIA,}s'". WASIIIN(;'I'ON COUNTY,'v.. A11(1 now f1R.;t;;~.h IQ ,19.J.8 ,comes .J.o..s~h...lJ l/:..~y:(il ~W·.g li:.?-y~.J1.:g,*'¥.~:............ who bein~<lui)'sworn lloth depose and say that....;l;;h~X .."wi1l wall and truly m1ministcr the goods ul\(l·chat. te1s,rig-Ills and credils of..);1g.1;'.~u.".Ex:y.e..__dcceascd, to the best of .t.b.~.;i..h...skill and jud;;mcnt in strict compliance with the laws of this Commonwealth;inind- ~_.._.._.. ..··,..-R:g~~;;;f7~. ful of the laws relating-to inheritance taxes. Sworn and subscribed before me this.....L~7 ".c C\I $ f >. I EI 0ft:1< 1t ~.~....LJ,__s-:>'.C"4 -'-"-7Cll ('l......<S:«>0I~"'«~~~...";J .....«-III=U).!~l1.z:>~ra ....11f\H'/i:v/~::,U\\I1i".<'~~0 ~ t~r.:GI<:.1""\'j 'ItS!Lid '>a ll'O u.0:~r\r..:.,v .I ~.,I Ifr t...v :c:to W,',i"lj'I ':"r"",11 ('0'P'A.c:\:!lIt 6,,"1lJo.\\..1 r I!I I,,l l~•cr::C(iii ::::::3 (1) :>.H 1:41!'j~i (1)1 :>icUII:4j 'd'dcUj illl>iH' 1:4! ~l .,c::!~ UJI0:1-): !o.... ~::J I~lO'a..... iIi!!ii!j 1 .d13§ M d UlM Cl) j~~ oJo t I!I1 J:aiUJ:~!:;:1o!81:,-ll.--l! O'HHcU U ~~\.) \J ~ ~i~,,~.~I~~+~~\)~~~.~~\f]\;:P~~!tIl~•...rill 8 I \j ~M ~!A \),~~bi ;>i'.p::; ~ ~~:, <t!ouuty of llfun4tugtou,nn. Register's Office,~.~:..:.?..~.?..~:A.D.19 !..~. Rita.KellyPersonallyappeared one of the subscribing witnesses to the foregoing last will and testament of ~.~:.!.:!.:~.:.!.~..............................................................................deceased, and on ~.~.:solemn ?~.~~did say that ~.9.~was present,and did see and hear ......~.~.:.!.~.~~:.Z~,Deceased,the testat.:r.J~therein named,sign,seal,publish and decLare the same as and for h.~.l:·lasl will alltI ,leslamenL,and that at the doing thereof 1 .....~.~~.~was of sound disposing mind,memory and understanding,to the best of the affiants'knowledg'e and belief. sworn and subscribed / , illnunty nf llIanqingtnn.nne ,.March 10,78REGISTERSOFFICE..A.D.19 . Raymond K.Collins and Jennie Sarver Personally appeared . who,after being duly qualified according to law,deposes and say that they are well acquainted with the handwriting of Mary U.Frye . .....................................................................................................................................................................................................................,Deceased,Testator to the foregomg Will dated ~.?y..~?.~.?.19.?.fJ.,and that the signature .Ma ry U.Frye .....of saId ,as well as the entire WIll,IS m hIs or her own proper handwriting,as they,the affiants,verily believe. one of Also,thaithe subscribing witnesses are not now within thh jurisdiction. ..Kr''''J..·h!.l.rd=?,. '".~~./f..'~~~~~~~d/..... ERS/RK/db (5)10/21/66 ;;;3r 7i-;:2 73 LAST WILL AND TESTAMENT OF MARY U.FRYE I,MARY U.FRYE,of Washington County,Pennsylvania, do make this my Last Will and Testanent,hereby revoking all Wills heretofore made by me. ARTICLE ONE I direct that all my just debts and the expenses of my last illness and funeral be paid as soon as practicable after my death as expenses of administration of my estate. ARTICLE TWO I give all the shares of FRYE LUMBER COMPANY,INC., which I may own at my death,or of cmy corporation succeeding to the business thereof,to my daug~ter,FAYE M.FRYE,if she shall survive me;or,if she shall not survive me,to those of her issue who shall survive me,fer stirpes;or,if there shall be no such issue,to my son,JOSEPH U.FRYS,if he shall survive me;or,if he shall not survive me,to those of his issue who shall survive me,per stirpes. ARTICLE THREE I give all of my personal effects,including my jewelry and clothing,and any automobiles which I may own at my death to my husband,LAWRENCE V.FRYE,if he shall survive me;or,if he shall not survive me,to those of my children who shall survive me in such approximately equal shares as they may agree upon. ARTICLE FOUR I direct that there shall be paid fron and charged exclusively to the principal of my estate remaining after pro- viding for the foreg~ing bequests all inheritance,succession and estate taxes,together with any interest or penalties there- on,imposed upon or )ayable with re3pect to any property which may be included as a part of my estate for the purposes of such taxes.My Exec-ltor shall not collect or seek reimbursement for any such taxes from any other source.In the discretion of my Executor,taxes on future interests may be prepaid or payment thereof may Je postponed until the future interests vest in possession.I authorize my Executor,in my Executor1s sole and absolute discretion,to use administration expenses as deductions for estate tax purposes or income tax purposes and to use date-of-death values or optional values for estate tax purposes,regardless of the effect Ghereof on the interest of any beneficiary of my estate,and I direct that there shall be no adjustment of such interest by reason of any action taken by my Executor pursuant hereto. ARTICLE FIVE I give all the residue of my estate,of whatsoever kind and wheresoever situate,to my husband,LAWRENCE V.FRYE, if he shall survive De;or,if he shall not survive me,I give all such residue to my son,JOSEPH U.FRYE,and to my daughter,FAYE M.FRYE,as Trustee,in trust,neverthless, for the following uses and purposes: 1.If my daughter,ANNA MARY FRYE,shall survive me,the following provisions shall be appli- 2. cable dur:ng such daughter1s life: {a)If the Trustee shall receive as an asset of the trust any real property vrhich was my home at the time of my death, I authorize my Trustee tJ retain such real property in kind for so long as the Trustee shall deem it advisable,without any liability wtatsoever for such retention, and without any duty to make such property ~ncome producing,and I direct the Trustee to permit anyone or more of my children, and members of their immediate families,to occupy such real property as their residence for so long during its retention as they wish,rent free.All taxes and assess- ments levied or assessed against such real property and all insurance premiums and costs of repairs incidental to such real p~operty shall be paid by those of my chil- dren who shall be occupying such real prop- erty at the time such charges become due. The Trustee shall also permit any and all of my children who are making their home at such residence property to use all of my household goods,furniture, f~rnishings,books,pictures,silver and ctinaware so long as they reside there. 3. They shall not be required to account to the Trustee or any beneficiary for the use thereof nor for the disposition thereof,it being realized that such articles are not of a permanent naturej and the Trustee shall have no liability whatsoever for the loss or depreciation of any such tangible personal property. (b)The Trustee shall distribute to my daughter,ANNA MARY FRYE,or for her b2nefit,such amounts from the net income of the trust as the Trustee shall deem advisable for her health,maintenance, and support.Any net income not so dis- tributed shall be accumulated,invested) ajministered and distributed as principal. (c)If the 1rustee shall determine that the income of the trust shall be insufficient to provide for the health,main- tenance and support of my daughter)ANNA MARY FRYE)the Trustee is authorized to use from time to time for such purposes so much of the principal of the trust as the Trustee shall deem advisable. 4. 2.Upon the death of my daughter)ANNA MARY FRYE)or upon my death if such daughter shall not sur- vive me)the principal shall be distributed as follows: (a)One-third (1/3)thereof to my son)JOSEPH U.FRYE)if he shall then be livingj or)if he shall not then be liv- ing)to his then living issue)per stirpesj or)if there shall be no such issue)to the persons named or described in the immediately following subparagraph (b))in accordance with the terms thereof. (b)Two-thirds (2/3)thereof to my daughter)FAYE M.FRYE)if she shall then be livingj or)if she shall not then be living)to her then living issue)per stirpesj or)if there shall be no such issue)to the persons named or described in the immediately preceding subparagraph (a)) in accordance with the terms thereof. 3.When the first vacancy in the office of indivitual Trustee of this trust shall occur)no successor need be appointed.Upon the occurrence of the second vacancy in the office of Trustee of this tr~st)PITTSBURGH NATIONAL BANK shall become 5· the sole Trustee of this trust.As used in this ARTICLE FIVE,the word "Trustee"shall mean all the Trustees acting at any time. ARTICLE SIX If,at the time distribution of illy estate is to be made as set forth in the preceding ARTICLES,no person named or described above is living to take his designated share of my estate,such share shall be distributed as follows: 1.Forty per cent (40%)thereof to MEMORAL HOSPITAL ASSOCIATION OF MONCNGAHELA, Monongahela,Washington County,Pennsylvania,for its general uses and purposes. 2.Forty per cent (40%)thereof to FIRST METHODIST CHURCH,Monongahela,Washington County, Pennsylvania,for its general uses a~d purposes. 3.The balance thereof in equal shares to CHATHAM COLLEGE,Pittsburgh,Allegheny County, Pennsylvania,and WAYNESBURG COLLEGE,Waynesburg, Greene County,Pennsylvania,for their general uses and purposes. ARTICLE SEVEN If,under any of the preceding ARTICLES of this Will, a share of my estate is directed to be distributed to a bene- ficiary who shall be a minor,s~ch distribute share shall not be distributed outright to such child but shall be held in a separate tr-1St by my son,JOSEPH U.FRYE,and by my daughter, 6. FAYE M.FRYE,as Trustee,during such beneficiary's minority. The Trustee shall distribute to or for the benefit of such minor so much of the net income and principal as the Trustee shall deem advisable for his health,maintenance,support and complete education,including preparatory,college and postgraduat~or professional training.Any net income not so distributed shall be accumulated,invested,administered and distributed as principal.When such beneficiary shall attain the age of twenty-one (21)years,the principal shall be distributed to such beneficiary;if such beneficiary shall die prior to attaining the age of twenty-one (21)years,the principal shall be distributed to those persons who would have been entitled to his estate had he died intestate and domiciled in the Commo~wealth of Pennsylvania. When the first vacancy in the office of individual Trustee of this trust shall occur,no successor need be appointed. Upon the occurrence of the second vacancy in the office of Trustee of this trust,PITTSBURGH NATIONAL BANK shall become the sole Trustee of tcis trust.As ksed in this ARTICLE,the word 'lTrustee"shall mean all the Trustees acting at any time. ARTICLE EIGHT The following provisions shall be applicable to all trusts created under the pro7isions of this Will: 1.Whenever the Trustee is authorized or directed to distribute funds "to or for the benefit of'!any minor beneficiary,the Trustee may distribute such funds to the person having custody of such bene- 7. ficiary,may apply such funds for the benefit of such beneficiary or may distribute funds directly to such beneficiary,without liability on the part of the Trustee to see to the application of such funds. 2.The interests of the beneficiaries shall not be subject to assignment,alienation, pledge,attachment,garnishment,sequestration or other legal process,or to the claims of creditors. 3.Upon the termination of any trust any accrued and undistributed income shall be added to the principal to be continued in trust or dis- tributed in accordance with the provisions appli- cable to such trust. ARTICLE NINE In addition to the pONers given them by law,any and all fiduciaries acting here~nder she,ll have the following discretionary pONers applicable to all property held by them, exercisable without court order and until actual distribution: to distribute in kind at valuations fixed by them,to cause any share to be composed of cash,property or undivided interests in property or property differing from that comprising any other share;to retain any property received by them,including stock of any cor)orate fiduciary acting hereunder;to exchange or sell any property for cash,other property or credit,pub- licly or privately,or to lease the same for any term regard- less of the dura~ion of the trusts hereunder,without liability on the purchasers or lessees to see to the application of the 8. consideration,and to give options for these purp~ses without obligation to repudiate them in favor of a higher offer;to in- vest in all forms of property,without restriction to investments authorized for fiduciaries;to retain and allocate to,or pur- chase as an investment of,any trust or trusts,any form of life insurance,annuity or similar contract anj to exercise with respect thereto all rights and iLcidents of o~nership, and to pay any premiums thereon and other charges with re- spect thereto out of principal or income;to hold property in the name of a nominee,including any fiduciary hereunder; to borrow money,including the right to borrow money from any fiduciary hereunder,and to pledge,mortgage or create a security interest in any property held by them as security therefor;to make loans;to exercise options of any kind;to compromise,submit to arbitration or release any claim of my estate or any trust here-2nder against others and to pay,com- promise or submit to arbitration any claim of others against my estate or any trust hereunder;to operate any business;to effect or join in any incorporation,partnership,re2apitali- zation,merger,reorganization or voting trust plan and to delegate authority with respect thereto;to deposit invest- ments under agreements and pay assessments;generally to exercise all rights and p~ivileges appur~enant to any property held by them;and to execute and deliver any and all instru- ments which may be necessE~ry or expedient in the exercise of the powers ~ranted herein. ARTICLE TEN I appoint my son,JOSEPH U.FRY3,and my daughter, 9. FAYE M.FRYE,and the survivor of them,Executor of this Will. As used in this Will and unless otherwise clearly indicated,the word llExecutor Jl shall mean all the Executors acting hereunder at any time. ARTICLE ~LEVEN No fiduciary hereunder shall be required to furnish any bond or other security in any jurisdiction. IN WITNESS NHEREOF,I have hereunto set my hand and seal this ;/9lay of eI6v-t>vVL..~,19__ aboveSigned,sealed,published C-"'--r"-!./VI.;'(SEAL) named Testatrix,MARY U.FRYE,as and for her Last Will and Testament,in the presence of us,who,in her presence,at her request,and in the presence of each other,have hereunto subscribed our names as witnesses thereto. Address (--=-u,;;:......-=-~7\ )~ If£~ P~.~\.~()I 10. /;//Lj 03~7j-c:?)s LAST WILL AND TESTAMENT OF MARY U.FRYE And now March 16,1978,it being ad- judged that said will has beenproved,it'is hereby admitted to pro- bate and ordered to be recorded andLettersTestamentaryareissuedto Joseph U.Frye and Faye M.Frye in said testament named who was dUly qualified. Harvey Stuart,Register Eugene R.Speer~Esq. HOUSTON,COOPER,SPEER&GERMAN OLIVER BUILDING PITTSBURGH,PA.15222 vl.B.Vol.g§.PJtGES SL9d-sO/ C3 ~7Y-v2 73 ",I~J• • •):t l .):1'"rl'.~:!\p.p~trt"r1ttllt'tur ~Irll l~t1l'It!i~tl ut n?;r.Y.y..:.f.h.y.~~. ....... ...""_..__Iak ...>()f c.ca.:h.t,Q.l.l 'J:'.QXfn~h.iJ;J ", W nshingtoll COllllt)', rcnnsyh~l/Iia dC'ceased,and (Ijranl llf [rUrnl [rlllUllIfn!urll. In~c.]5.TEH'S OfFICE,I c:s . \"l~I'IINGTON C()U~TY,f '-'.. Before the Hegister of \Vills of \Vashingtoll Carroll Township W h'C Pl'. .f TTm Ii d'd--_.._-_..-"-.._.._.......-.-1 as mgton ounty,cnnsy vanta,a citIzen 0 ......>J.e Staies .._Ie . testate aL."~W..~§..S!l~.I._r...~ll(lJ~~lY.s1.u~__""...on the_..Bt.h....day OL_..F~];;>~lo1a~¥•_.._A.D.19....1a.. aL_;?-'-;1;i.""o'clock...~"...m.)age........:z'O__....leaying an est:lte of the estimated Y:llue of $....._~~.~?~.._ I·t·d $unknown'It,'d 1 t t b'1 't d;Carroll TownC'h~npersona1y,an "__"._rea},Sal rea es a e elng oca e .n ".."._.__"_"ll.4.-l.__.. Washington County,Pennsylvania--_"_.____-_.__.--_..-__-_._._._._-_._._._-_- -".."".._---__-"_._.____"""---- ._----_-_._.._-_.._-----___.__.- ----_._-_.._--_..._---_.._.._----------_.._._----_._..._--"---_.._._._------ The decedent's legatres:md dieristtS are as follows: REL...TlO:,\SHlP RESIDEl"CF. Joseph U.Frye ,. "nn ,1-.1 D~1 ;;063 Faye M.Frye Dauqhter R.D.#2 Monnnrr;=>ho1rl Prl 1<;063 063AnnaI'1arie Dauaht.er iFryeR:'l *?,ho';=>p;=>,c:; ." .. -- - Tcst:ltor has "E:?.~__m:lrried :md _."._._..D.9 ,__..__.children h:l\'e been born since the execution of the will offered for probate. Petitioner prays that the p:lper writing filed herewith d:lted NQY.~.mb.e.;c..21.,_.J..Sl.6.6_.._."_____.. m:l)'be admitted to prob:lte ·as (Ie !:lst \Vill :lnt!Testament of said decedent,and to grant Letters Testamen- tnry tllcrcon to ~.~.~.::.~~~.:._!..:.~.~~.~~..!..~J..::.!!.:.".~~Y.::."_"__."-_". whose postoffice nd(lress is !::.:.,..?:~..~.~::::?~9.~?l.~~::.~~!~:;;~~;;;.¥.~~~~~?.-.!12.Q.§.~..:"_. ~..~~_. AM(/J1,~~. ....'.•,,I ,I.,.,..".'~I=I~"",..I,.'1'" '-. COM ~'I<)N \\'I':,\L'I'I I OF PEt;lNSYLVANIA,} \VASIlINC'I'ON COUNTY,SS.: AIllI 110W MR.;t;.~.h IQ ,10.1.3 ,comes H.JQ£~ll...IJ Ji:..¥@ ~W.g ;e.~y~.J1.:H ..f..r.¥.~~:..~..,... who being duly sworn doth depose and say that....t.£1.~Y.will well :Ind truly ;Jllministcr the goods and chat- to the bcst of .t.b.~.ir...skill and jud;;mcnt in strict compliance with the laws of this Commonwealth,ininu- rul of the bws rebting"to inheritance taxes...-L ~ .Sworn and subscribed before me thiS...../L~_" ~~~-~...~--"_.. _r2¥!l22.:.{~_ ", '. Olnuuty nf 11tlIu5l1iugtnu1 55. Register's Office,~~:.:.?~.?..~:A.D.19 !..~. Rita Kelly .,. .Personally appeared one of the subscrIbIng wItnesses to .,Mary U.FryetheforegomglastwIllandtestamentof....................................................................................................................................deceased, and on ~.~.:solemn ?~.~~did say that..~.E.~was present,and did see and hear ......~.~.~!~.~:~:!..7..~,Deceased,the testat.!.'J~therein named,sign,seal,publish and declare the same as and for h.~!.·last will and testament,and that at the doing thereof, .....~.~~.~was of sound disposing mind,memory and understanding,to the best of the affiants'knowledge and belief. sworn before me the day and year aforesai I\-/'....................>V~.._. •~2 and subscribed et~.. " , Olounty of m&114tn9tont 1111. . 'March 10,78REGISTERSOFFICEA.D.19 . Raymond K.Collins and Jennie Sarver Personally appeared . who,after being duly qualified according to law,deposes and say that they arp.well acquainted with the handwriting of Mary U.Frye Deceased,Testator to the foregoing Will dated ~.9..y..~?~.?.19.?~,and that the signature of said ~~.:.~.t!..~~::.!..~,as well as the entire Will,is in his or her own proper handwriting,as they,the affiants,verily believe. one of Also,thaithe subscribing'witnesses are not now within thh jurisdiction. ......~and subscribed ~"o roo tho d,y ,"dY:~mm .. _r.r.z,?£1(IIJUUP"'s Reglster ~2 j''' ;;?~"",J,,f<l~, /l ()~..·r~·..··········..·~ ERS/RK/db (5)10/21/66 LAST WILL AND TESTAMENT OF MARY U.FRYE I,MARY U.FRYE,of Washington County,Pennsylvania, do make this my Last Will and Testament,hereby revoking all Wills heretofore made by me. ARTICLE ONE I direct that all my just debts and the expenses of my last illness and funeral be paid as soon as practicable after my death as expenses of administration of my estate. ARTICLE TWO I give all the shares of FRYE LUMBER COMPANY,INC., which I may own at my death,or of any corporation succeeding to the business thereof,to my daughter,FAYE M.FRYE,if she shall survive me;or,if she shall not survive me,to those of her issue who shall survive me,per stirpes;or,if there shall be no such issue,to my son,JOSEPH U.FRYE,if he shall survive me;or,if he shall not survive me,to those of his issue who shall survive me,per stirpes. ARTICLE THREE I give all Jf my personal effects,including my jewelry and clothing,and any automobiles which I may own at my death to my husband,LAWRENCE V.FRYE,if he shall survive me;or,if he shall not survive me,to those of my children who shall survive me in such approximately equal shares as they may agree upon. ARTICLE FOUR I direct that there shall be paid from and charged exclusively to the principal of my estate remaining after pro- viding for the foregoing bequests all inheritance,succession and estate taxes,together with any interest or penalties there- on,imposed upon or payable with respect to any property which may be included as a part of my estate for the purposes of such taxes.My Executor shall not collect or seek reimbursement for any such taxes from any other source.In the discretion of my Executor,taxes on future interests may be prepaid or payment thereof may be postponed until the future interests vest in possession.I authorize my Executor,in my Executor1s sole and absolute discretion,to use administration expenses as deductions for estate tax purposes or income tax purposes and to use date-of-death values or optional values for estate tax purposes,regardless of the effect thereof on the interest of any beneficiary of my estate,and I direct that Ghere shall be no adjustment of such interest by reason of any action taken by my Executor pursuant hereto. ARTICLE FIVE I give all the residue of my estate,of whatsoever kind and wheresoever situate,to my husband,LAWRENCE V.FRYE, if he shall survive me;or,if he shsll not survive me,I give all such residue to my son,JOSEPH U.FRYE,and to my daughter,FAYE M.FRYE,as Trustee,in trust,neverthless, for the following uses and purposes: 1.If my daughter,ANNA MARY FRYE,shall survive me,the following provisions shall be appli- 2. cable during such daughterls life: (a)If the Trustee shall receive as an asset of the trust any real property which was my home at the time of my death) I authorize my Trustee to retain such real property in kind for so long as the Trustee shall deem it advisable)without any liability whatsoever for such retention) and without any duty to make such property income producing)and I direct the Trustee to permit anyone or more of my children) and members of their immediate families)to occupy such real property as their residence for so long during its retention as they wish)rent free.All taxes and assess- ments levied or assessed against such real property and all insurance premiums and costs of repairs incidental to such real property shall be paid by those of my chil- dren who shall be occupying such real prop- erty at the time such charges become due. The Trustee shall also permit any and all of my children who are making their home at such residence property to use all of my household goods)furniture) furnishings)books)pictures,silver and chinaware so long as they reside there. 3. They shall not be required to account to the Trustee or any beneficiary :or the use thereof nor for the disposition thereof)it being realized that such articles are not of a permanent naturej and the Trustee shall have no liability whatsoever for the loss or depreciation of any such tangible personal property. (b)The Trustee shall distribute to my daughter)ANNA MARY FRYE)or for her benefit)such amounts from the net income of the trust as the Trustee shall deem advisable for her health)maintenance) and support.Any net income not so dis- tributed shall be accumulated)ievested) administered and distributed as principal. (c)If the Trustee shall determine that the income of the trust shall be insufficient to provide for the health)main- tenance and support of my daughter)ANNA MARY FRYE)the Trustee is authorized to use from time to time for such purposes so much of the principal of the trust as the Trustee shall deem advisable. 4. 2.Upon the death of my daughter,ANNA MARY FRYE,or upon my death if such daughter shall not sur- vive me,the principal shall be distributed as follows: (a)One-third (1/3)thereof to my son,JOSEPH U.FRYE,if he shall then be livingj or,if he shall not then be liv- ing,to his then living issue,per stirpesj or,if there shall be no such issue,to the persons named or described in the immediately following subparagraph (b),in accordance with the terms thereof. (b)Two-thirds (2/3)thereof to my daughter,FAYE M.FRYE,if she shall then be 1ivingj or,if she shall not then be living,to her then living issue,per stirpesj or,if there shall be no such issue,to the persons named or described in the immediately preceding subparagraph (a), in accordance with the terms thereof. 3.When the first vacancy in the office of individual Trustee of this trust shall occur,no successor need be appointed.Upon the occurrence of the second vacancy in the office of Trustee of this trust,PITTSBURGH NATIONAL BANK shall become 5· the sole Trustee of this trust.As used in this ARTICLE FIVE,the word I'Trustee II shall mean all the Trustees acting at any time. ARTICLE SIX If,at the time distribution of my estate is to be made as set forth in the preceding ARTICLES,no person named or described above is living to take his designated share of my estate,such share shall be distributed as follows: 1.Forty per cent (40%)thereof to ME MORAL HOSPITAL ASSOCIATION OF MONONGAHELA, Monongahela,Washington County,Pennsylvania,for its general uses and purposes. 2.Forty per cent (40%)thereof to FIRST METHODIST CHURCH,Monongahela,Washington County, Pennsylvania,for its general uses and purposes. 3.The balance thereof in equal shares to CHATHAM COLLEGE,Pittsburgh,Allegheny County, Pennsylvania,and WAYNESBURG COLLEGE,Waynesburg, Greene County,Pennsylvania,for their general uses and purposes. ARTICLE S3VEN If,under any of the preceding ARTICLES of this Will, a share of my estate is directed to be distributed to a bene- ficiary who shall be a minor,such distribute share shall not be distributed outright to such child but shall be held in a separate trust by my son,JOSEPH U.FRYE,and by my daughter, 6. FAYE M.FRYE,as Trustee,during such beneficiary1s minority. The Trustee shall distribute to or for the benefit of such minor so much of the net income ant principal as the Trustee shall deem advisable for his healtt,maintenance,support and complete education,including preparatory,college and postgraduate or professional training.Any net income not so distributed shall be accumulated,invested,administered and distributed as principal.When such beneficiary shall attain the age of twenty-one (21)years,the principal shall be distributed to such beneficiary;if such beneficiary shall die prior to attaining the age of twenty-one (21)years,the principal shall be distributed to those persons who would have been entitled to his estate had he died intestate and domiciled in the Commonwealth of Pennsylvania. When the first vacancy in the office of individual Trustee of this trust shall occur,no successor need be appointed. Upon the occurrence of the second vacancy in the office of Trustee of this trust,PITTSBURGH NATIONAL BANK shall become the sole Trustee of this trust.As used in this ARTICLE,the word !ITrustee"shall mean all the Trustees acting at any time. ARTICLE EIGHT The following provisions shall be applicable to all trusts created under the provisions of this Will: 1.Whenever the Trustee is authorized or directed to distribute funds !'to or for the benefit of ll any minor beneficiary,the Trustee may distribute such funds to the person having custody of such bene- 7. ficiary,may apply such funds for the benefit of such beneficiary or may distribute funds directly to such beneficiary,without liability on the part of the Trustee to see to the application of such funds. 2.The interests of the beneficiaries shall not be subject to assignment,alienation, pledge,attachment,garnishment,sequestration or other legal process,or to the claims of creditors. 3.Upon the termination of any trust any accrued and undistributed income shall be added to the principal to be continued in trust or dis- tributed in accordance with the provisions appli- cable to such trust. ARTICLE KINE In addition to the powers given them by law,any and all fiduciaries acting hereunder shall have ~he following discretionary powers applicable to all property held by them, exercisable without court order and until actual distribution: to distribute in kind at valuations fixed by the~,to cause any share to be composed of cash,property or undivided interests in property or property differing from that comprising any other share;to retain any property received by them,including stock of any corporate fiduciary acting hereunder;to exchange or sell any property for cash,other property or credit,pub- licly or privately,or to lease the same for any term regard- less of the duration of the trusts hereunder,without liability on the purchasers or lessees to see to the application of the 8. consideration,and to give options for these purposes without obligation to repudiate them in favor of a iigher offer;to in- vest in all forms of property,wittout restriction to investments authorized for fiduciaries;to retain and allocate to,or pur- chase as an investment of,any trust or trusts,any form of life insurance,annuity or similar contract and to exercise with respect thereto all rights and incidents of ownership, and to pay any premiums thereon and other charges with re- spect thereto out of principal or income;tc hold property in the name of a nominee,including any fiduciary hereunder; to borrow money,including the right to borrow ~oney from any fiduciary hereunder,and to pledge,mortgage or create a security interest in any property held by them as security therefor;to make loans;to exercise options of any kind;to compromise,submit to arbitration or release any claim of my estate or any trust hereunder against others and to pay,com- promise or submit to arbitration any claim of others against my estate or any trust hereunder;to operate any business;to effect or join in any incorporation,partnership,recapitali- zation,merger,reorganization or voting trust plan and to delegate authority with respect thereto;to teposit invest- ments under agreements and pay assessments;generally to exercise all rights and privileges appurtenant to any property held by them;and to execute and deliver any and all instru- ments which may be necessary or expedient in the exercise of the powers ~anted herein. ARTICLE TEN I appoint my son,JOSEPH U.FRYE,and my daughter, 9. FAYE M.FRYE,and the survivor of them,Executor of this Will. As used in this Will and unless otherwise clearly indicated,the word !!Executor"shall mean all the Executors acting hereunder at any time. ARTICLE ELEVEN No fiduciary hereunder shall be required to furnish any bond or other security in any jurisdiction. IN WITNESS WHEREOF,I have hereunto set my hand and 5/Usealthis;./-day of ~~VVL-~,19t~. ").~- I /t ?~?--r:/d~ve--(SEAL)(J J Signed,sealed,published and declared by the above named Testatrix,MARY U.FRYE,as and for her Last Will and Testament,in the presence of us,who,in her presence,at her request,and in the presence of each other,have hereunto subscribed our names as witnesses thereto. ~~~~'4./rJ~ Address !(f ~V!1/d!~. -;J d -~(iL 10.